caught on camera

HO87

In normal circumstances the court will only consider your income for the purposes of assessing a penalty unless your OH's income was huge compared to yours - which doesn't sound like the case.

If your income is very low then the court may well take your other outgoings into account as well as just tax and NI - which is what it would normally consider. If you are on benefits then your income will be assumed to be £100.

My advice would be to supply the court with as much financial detail as possible. The majority of people do not and wonder why they are hammered, comparatively.

If you end up being summonsed for both offences then then sentence imposed will take into consideration your case as a whole and so there may well be something of a discount.

Don't forget that provided you plead guilty at the earliest opportunity - i.e. at the first hearing the court will apply a 33% discount to any sentence.

estelle123

Thanks,just one more thing.When i spoke to the Essex office this morning they told me if i plead guilty i would not have to appear in court and can put it all down in writing, is that the right thing to do,also do i say about the thunder storm or will that make matters worse?.Sorry one more thing,what is the time scale on all this,am i better off sending back the forms tomorrow or should i wait the full 28 days.Once again Thanks

HO87

I suggest that at this stage you take things one step at a time and wait to see happens with regards to a summons.

As far as the police are concerned, what they have said is entirely correct and you can plead guilty by letter. I normally recommend that people present themselves in person for sentence. This serves two purposes. Firstly, courts like having a live person to stare down at. It also means they can hear how genuine your apology is and how ashamed you are etc etc.

Secondly, should the court consider giving you a short term ban you are there to be dealt with. If you were to plead guilty by letter then they would have to adjourn it - officially "so the defendant can be present to show cause as to why they should not be disqualified". This can sometimes work against you as the second courts often feel bound by the original court's official line.

If you really can't face going to court then your letter will need some preparation. Courts are entirely used to dealing with people and if you go with a prepared letter to read out and you dry up or your bottom lip goes too much then the Legal Adviser (clerk to the court) can and will read it out to the bench for you.

All that is for the future. Let's see what arrives in the post first.

estelle123

Thank you.I will return the first letter recorded del as you suggest and then wait and see.
Once again thank you for all your help and not judging me.

taffy056

estelle123 wrote: »

Thank you.I will return the first letter recorded del as you suggest and then wait and see.
Once again thank you for all your help and not judging me.

Everyone makes mistakes, and we are not here to judge you , so most people here will just offer advice without the moralisation.


All the best , follow the advice given by HO .